This license authorizes no new capacity, and only a minor amount of new environmental enhancement measures. As discussed below, I am issuing a new license for the project. The Commission issued the original license for the project on April 1, 1960, and that license will expire on March 31, 2010. On September 24, 2009, the Tri-County Committee filed a letter with the Commission stating that it intended to submit a motion or petition, including expert testimonies, by October 31, 2009, showing that the staff’s recommended license articles in the final EIS will probably not be effective over the license term to: (a) control the spread of non-native aquatic vegetation in project waters;
The Tri-County Committee stated that it intended to propose specific changes to the recommended license articles to assure effectiveness. In addition, the Tri-County Committee stated that it intended to submit an Offer of Settlement, as well as request a settlement conference to seek resolution of the issues. On December 9, 2009, the Tri-County Committee filed its motion to supplement the final EIS and Offer of Settlement. The supplement generally takes issue with the cumulative effects analysis in the final EIS, and recommends changes to the draft license articles that were appended to the final EIS. The Tri-County Committee has been an active participant in this licensing proceeding since Appalachian Power initiated pre-filing consultation with state agencies in October 2002. The Tri-County Committee actively participated over the years in the Integrated Licensing Process, as well as the licensing proceeding that was initiated with the filing of the license application. Moreover, it filed a motion to intervene in response to the Commission’s August 7, 2008 notice, and it filed comments on the draft EIS raising similar concerns, which were addressed in the final EIS and further addressed below. While the Tri-County Committee contends that their filing provides new evidence that shows that the proposed new license articles will not protect and enhance the beneficial uses of the project over the term of the new license, for the most part, it simply reiterates the Tri-County Committee’s comments in its previous filings. The issues it raises were generally addressed in the response to comments section of the final EIS. Moreover, this order further addresses and modifies certain aspects of the draft license articles included in the final EIS to address the areas of concern raised by the Tri-County Committee in its Offer of Settlement filing. Therefore, any delay in issuing this license is not warranted. LICENSE TERM Section 15(e) of the FPA,98 provides that any new license issued shall be for a term that the Commission determines to be in the public interest, but not less than 30 years or more than 50 years. This license authorizes no new capacity, and only a minor amount of new environmental enhancement measures. Consequently, a 30-year license for the Smith Mountain Project is appropriate. Because the term of the current license does not expire until March 31, 2010, this license order is not effective until April 1, 2010. This order constitutes final agency action. Any party may file a request for rehearing of this order within 30 days from the date of its issuance, as provided in section 313(a) of the FPA, 16 U.S.C. § 8251 (2006), and section 385.713 of the Commission’s regulations, 18 C.F.R. § 385.713 (2009). The filing of a request for rehearing does not operate as a stay of the effective date of this license, or of any other date specified in this order. The licensee’s failure to file a request for rehearing shall constitute acceptance of this order. Jeff C. Wright Director Office of Energy Projects Click on Link Below to Download the New License for Smith Mountain |